S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1977

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by M. of A. LUPARDO, BENEDETTO, GALEF, PAULIN -- Multi-Spon-
  sored by -- M. of A.   LIFTON, MAYERSOHN, SWEENEY  --  read  once  and
  referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to regu-
  lating outdoor wood-burning devices in New York state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and  declarations.  An  outdoor  wood-
burning  device is a wood-fired device located outside the primary resi-
dential or commercial dwelling it serves, designed to transfer heat, via
liquid, through the burning of wood  to  heat  indoor  spaces,  swimming
pools,  hot  tubs  or  other  hot water uses. Unlike woodstoves, outdoor
wood-burning devices are currently unregulated by New York state or  the
United  States  Environmental  Protection  Agency.  Due to their design,
outdoor wood-burning devices produce excessive  smoke,  which  may  have
serious  environmental  and  health  impacts  for surrounding neighbors.
Smoke from outdoor wood-burning devices contains  unhealthy  amounts  of
particulate  matter,  dioxins, carbon monoxide, nitrogen dioxide, sulfur
dioxide, hydrochloric acid, formaldehyde and other toxic air pollutants.
Exposure to smoke from outdoor wood-burning devices  can  cause  adverse
respiratory  and  cardiovascular  symptoms,  asthmatic sensitivity, lung
illnesses and cancer. Studies show that children, the elderly and  indi-
viduals  with pre-existing cardio-respiratory disease or diabetes are at
greater risk than the general population of developing  these  symptoms.
While  outdoor  wood-burning  devices  are intended to burn only natural
wood, homeowners sometimes add  inappropriate  materials  such  as  yard
waste,   packing  materials,  construction  debris  and  even  household
garbage. Burning these waste materials in an outdoor wood-burning device
can produce additional toxic air pollutants. Even when used  in  accord-
ance with manufacturer's recommendations, these devices frequently cause
nuisance conditions. Therefore, the purpose of this act is to ensure the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03011-01-9
              

A. 1977                             2

proper siting, operation and performance of outdoor wood-burning devices
in order to protect public health and the environment.
  S  2.  Article  19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:
                                TITLE 13
                      OUTDOOR WOOD-BURNING DEVICES
SECTION 19-1301. DEFINITIONS.
        19-1303. OUTDOOR WOOD-BURNING DEVICES REQUIREMENTS.
        19-1305. REGULATIONS.
S 19-1301. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "OUTDOOR WOOD-BURNING DEVICE" SHALL MEAN A DEVICE LOCATED OUTSIDE A
RESIDENTIAL OR COMMERCIAL BUILDING IT SERVES, DESIGNED TO TRANSFER HEAT,
VIA LIQUID, THROUGH THE BURNING OF WOOD TO HEAT INDOOR SPACES,  SWIMMING
POOLS, HOT TUBS OR OTHER HOT WATER USES. OUTDOOR WOOD-BURNING DEVICES DO
NOT INCLUDE FIRE PITS OR WOOD-FIRED BARBECUES.
  2.  "NATURAL  WOOD"  SHALL  MEAN  TREES INCLUDING LOGS, BOLES, TRUNKS,
BRANCHES, LIMBS, AND STUMPS.
  3. "RESIDENCE" SHALL MEAN A BUILDING OR STRUCTURE WHICH IS  A  PRIMARY
OR SECONDARY HOME OF ONE OR MORE PERSONS.
  4.  "MUNICIPALITY"  SHALL  MEAN A VILLAGE, TOWN, CITY OR COUNTY OR ANY
DESIGNATED AGENCY THEREOF.
  5. "FARM WOODLAND" SHALL MEAN LAND USED FOR THE PRODUCTION FOR SALE OF
WOODLAND PRODUCTS INCLUDING BUT NOT LIMITED TO LOGS, LUMBER,  POSTS  AND
FIREWOOD.
  6.  "LAND  USED  IN  AGRICULTURAL PRODUCTION" SHALL MEAN NOT LESS THAN
SEVEN ACRES OF LAND USED AS A SINGLE OPERATION FOR  THE  PRODUCTION  FOR
SALE OF CROPS, LIVESTOCK OR LIVESTOCK PRODUCTS OF AN AVERAGE GROSS SALES
VALUE OF TEN THOUSAND DOLLARS OR MORE.
S 19-1303. OUTDOOR WOOD-BURNING DEVICES REQUIREMENTS.
  1.  NO  PERSON  SHALL  CONSTRUCT,  INSTALL,  MODIFY, OPERATE OR USE AN
OUTDOOR WOOD-BURNING  DEVICE,  UNLESS  SUCH  DEVICE  COMPLIES  WITH  THE
FOLLOWING:
  (A)  OUTDOOR  WOOD-BURNING  DEVICES  SHALL NOT BE OPERATED BETWEEN MAY
FIRST AND SEPTEMBER THIRTIETH; PROVIDED, HOWEVER,  OUTDOOR  WOOD-BURNING
DEVICES  OPERATED  ON LAND USED IN AGRICULTURAL PRODUCTION OR FARM WOOD-
LAND SHALL BE EXEMPT FROM THIS SUBDIVISION;
  (B) AN OUTDOOR WOOD-BURNING DEVICE SHALL NOT BE INSTALLED OR  OPERATED
WITHIN  SEVEN  HUNDRED  FEET  FROM  THE OCCUPIED BUILDING OF A HOSPITAL,
SCHOOL, DAYCARE CENTER OR NURSING HOME OR FROM THE BOUNDARY OF A MUNICI-
PAL PARK OR RECREATIONAL FACILITY;
  (C) AN OUTDOOR WOOD-BURNING DEVICE SHALL NOT BE INSTALLED OR  OPERATED
WITHIN  TWO  HUNDRED  FEET  FROM  THE NEAREST RESIDENCE NOT SERVED BY AN
OUTDOOR WOOD-BURNING DEVICE;
  (D) ONLY NATURAL WOOD INCLUDING, BUT NOT LIMITED TO, WOOD THAT HAS NOT
BEEN PAINTED, STAINED, CHEMICALLY TREATED, LAMINATED  OR  GLUED  MAY  BE
BURNED IN AN OUTDOOR WOOD-BURNING DEVICE;
  (E)  THE  INSTALLATION  OF A CHIMNEY OF AN OUTDOOR WOOD-BURNING DEVICE
MUST BE IN ACCORDANCE WITH APPLICABLE BUILDING ORDINANCES;
  (F) THE INSTALLATION AND OPERATION OF AN OUTDOOR  WOOD-BURNING  DEVICE
MUST  BE  IN ACCORDANCE WITH THE MANUFACTURER'S WRITTEN INSTRUCTIONS AND
IN COMPLIANCE WITH LOCAL ORDINANCES;
  (G) DEALERS AND SELLERS OF OUTDOOR WOOD-BURNING DEVICES  ARE  REQUIRED
TO  PROVIDE  BUYERS A WRITTEN NOTICE STATING THAT ONLY NATURAL WOOD THAT
HAS NOT BEEN PAINTED, STAINED, CHEMICALLY TREATED,  LAMINATED  OR  GLUED

A. 1977                             3

MAY  BE  BURNED  AND  HOUSEHOLD OR OTHER WASTE MUST NOT BE BURNED IN THE
DEVICE; AND
  (H)  DEVICES  THAT  COMPLY  WITH  THE STANDARDS FOR PARTICULATE MATTER
EMISSIONS PROMULGATED PURSUANT TO SECTION 19-1305 OF THIS TITLE SHALL BE
EXEMPT FROM THE SITING REQUIREMENTS SET FORTH IN PARAGRAPHS (A), (B) AND
(C) OF THIS SUBDIVISION.
  2. THE COMMISSIONER SHALL ESTABLISH AND PUBLISH, IN CONSULTATION  WITH
THE  COMMISSIONER OF HEALTH, EDUCATIONAL MATERIALS EXPLAINING THE HEALTH
AND ENVIRONMENTAL HAZARDS OF OUTDOOR WOOD-BURNING DEVICES.
  3. THE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS  SECTION  SHALL
NOT  PREVENT  ANY  MUNICIPALITY  ENACTING  A LOCAL LAW OR ORDINANCE FROM
BANNING OR REGULATING  OUTDOOR  WOOD-BURNING  DEVICES  FOR  RESIDENTIAL,
COMMERCIAL  OR  INDUSTRIAL USE PROVIDED, HOWEVER, THAT SUCH LOCAL LAW OR
ORDINANCE IS NO LESS STRINGENT THAN THE PROVISIONS OF THIS TITLE.
S 19-1305. REGULATIONS.
  1. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TEN, THE DEPARTMENT  SHALL
PROMULGATE  TEST  METHODS  FOR  THE MEASUREMENT OF PARTICULATE MATTER IN
ORDER TO DETERMINE COMPLIANCE WITH EMISSIONS STANDARDS. BY APRIL  FIRST,
TWO THOUSAND TEN, THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSION-
ER  OF  HEALTH,  SHALL  ALSO PROMULGATE STANDARDS FOR PARTICULATE MATTER
EMISSIONS NECESSARY TO ENSURE PROTECTION OF PUBLIC HEALTH AND THE  ENVI-
RONMENT.  THESE  STANDARDS  SHALL  BE NO LESS STRINGENT THAN THE FEDERAL
PARTICULATE MATTER STANDARD APPLICABLE TO INDOOR WOOD STOVES,  FOUND  AT
40  C.F.R.  S60.530  THROUGH  40 C.F.R. S60.539B, AS AMENDED. UNLESS THE
DEPARTMENT PROMULGATES SUCH STANDARDS BY APRIL FIRST, TWO THOUSAND  TEN,
THE  FEDERAL  WOODSTOVE  STANDARD IS HEREBY INCORPORATED INTO THIS TITLE
AND SHALL BE APPLICABLE TO ALL  OUTDOOR  WOOD-BURNING  DEVICES  SOLD  OR
OPERATED IN THE STATE.
  2.  NO  PERSON  SHALL SELL, INSTALL OR OPERATE AN OUTDOOR WOOD-BURNING
DEVICE ON OR AFTER JUNE FIRST, TWO THOUSAND ELEVEN  UNLESS  SUCH  DEVICE
MEETS  THE REQUIREMENTS OF THIS SECTION. PROVIDED, HOWEVER, THAT OUTDOOR
WOOD-BURNING DEVICES THAT ARE INSTALLED AND IN  USE  ON  OR  BEFORE  THE
EFFECTIVE  DATE OF THIS SECTION SHALL NOT BE SUBJECT TO THE REQUIREMENTS
OF THIS SECTION UNTIL JUNE FIRST, TWO THOUSAND TWELVE.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 71-2114 to read as follows:
S 71-2114. VIOLATIONS OF TITLE 13 OF ARTICLE 19 OF THIS CHAPTER.
  1. ANY PERSON OPERATING AN OUTDOOR WOOD-BURNING DEVICE IN VIOLATION OF
SECTION  19-1303 OF THIS CHAPTER SHALL BE ISSUED A WARNING FOR THE FIRST
OFFENSE AND SHALL BE PROVIDED WITH EDUCATIONAL MATERIAL PRODUCED  PURSU-
ANT  TO SUBDIVISION TWO OF SECTION 19-1303 OF THIS CHAPTER AND BE WARNED
THAT FUTURE VIOLATIONS SHALL  RESULT  IN  CIVIL  PENALTIES.  ANY  PERSON
CONVICTED  OF A SECOND VIOLATION OF THE PROVISIONS OF SECTION 19-1303 OF
THIS CHAPTER SHALL BE PUNISHED BY A CIVIL PENALTY OF UP TO  SEVENTY-FIVE
DOLLARS.  ANY PERSON CONVICTED OF A THIRD OR SUBSEQUENT VIOLATION OF THE
PROVISIONS OF SECTION 19-1303 OF THIS CHAPTER SHALL  BE  PUNISHED  BY  A
CIVIL  PENALTY  OF  NOT  LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO
HUNDRED FIFTY DOLLARS.
  2. ANY PERSON WHO SELLS AN  OUTDOOR  WOOD-BURNING  DEVICE  WITHIN  THE
STATE  IN  VIOLATION  OF TITLE 13 OF ARTICLE 19 OF THIS CHAPTER SHALL BE
SUBJECT TO A CIVIL PENALTY OF UP TO ONE  HUNDRED  DOLLARS.    SUBSEQUENT
OFFENSES  ARE  SUBJECT  TO  A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED
FIFTY DOLLARS.
  S 4. This act shall take effect immediately.